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Changes over time for: Section 137


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
This version of this provision is prospective.

Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Health and Social Care Act 2012, Section 137 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 137:
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Prospective
137Grants and loansE+W
This section has no associated Explanatory Notes
(1)[NHS England] may not provide financial assistance under section 136 in the form of a grant or loan unless it is satisfied that—
(a)it is necessary for the provider—
(i)to be able to continue to provide one or more of the health care services that it provides for the purposes of the NHS, or
(ii)to be able to secure a viable business in the long term, and
(b)no other source of funding which would enable it do so and on which it would be reasonable for it to rely is likely to become available to it.
(2)The terms of a grant or loan must include a term that the whole or a specified part of the grant or loan becomes repayable in the event of a breach by the provider or special administrator of the terms of the grant or loan.
(3)Subject to that, where [NHS England] makes a grant or loan under section 136, it may do so in such manner and on such terms as it may determine.
(4)[NHS England] may take such steps as it considers appropriate (including steps to adjust the amount of future payments towards the mechanism established under section 134 to raise funds for grants or loans under section 136) to recover overpayments in the provision of a grant or loan under that section.
(5)The power to recover an overpayment under subsection (4) includes a power to recover interest, at such rate as [NHS England] may determine, on the amount of the overpayment for the period beginning with the making of the overpayment and ending with its recovery.
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